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SHOKE

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About SHOKE

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  1. Che, Thank you - I will try to get some further legal advice. Yes I suppose we could have used up our holiday entitlement during the period of notice, although the situation was that as we had prospective buyers descending on us to perform due diligence all of the staff were actually putting in extra (unpaid) hours during that last month since the best result for us would have been the sale of the business as an ongoing concern. The Company actually had a firm and reasonable offer on the table at an early juncture but decided to instruct an agency to produce a prospectus
  2. SarEL, Thank you - I realise that the purpose of the CVA is to remove the indebtedness of the Company rather than to satiate the creditors. However, the Supervisors have a responsibility to ensure that preferential claims are dealt with correctly before determining the balance of the funds available to distribute as a dividend to unsecured creditors. Holiday pay is classed as preferential and, therefore, I want to make sure that my claim and those of other employees have been correctly dealt with before the Supervisors proceed to distribute the balance of the funds. I have just been
  3. Che, Thank you - as you say the paragraph does not appear to be ambiguous, although the Supervisors maintain that I have misinterpreted it, albeit they have yet to tell me what they believe it to mean. Strange! You asked some further questions according to the CAG email but these are not visible in the post above? However, to elaborate, I received a payment from the RPO which was for holiday outstanding up to the EDT paid at the statutory weekly rate and with TAX and NIC deducted. Subsequently, I have received a balancing payment from the Supervisors of the CVA again for holiday outs
  4. Che, Thank you, albeit that what you have to say does not look promising from my point of view and leaves me wondering the purpose of the sentence on the BSI website. The provision of notice to the staff was given by the CEO in an email on Friday 31st July 2009 at 19:41 (NB after the office had closed for the weekend) - the email began by confirming that the Company will cease trading as 31st August but that discussions leading to the sale of the business are now well advanced. It continued as follows:- "Naturally you want to know how this transfer of ownership will affect your
  5. djutch, Thanks - quite a story behind this which I had originally typed live but lost when attempting to post (timed out?) - basically I have a claim to holiday entitlement through redundancy where the Company that I had served for over 9 years ceased trading and has subsequently entered a CVA. Prior to cessation the business was on the verge of being sold and whilst the sale process was in progress the board acting in hast gave all staff notice of 1 month - this not only ignored contractual entitlements as to notice but in several cases contravened the statutory requirements determined b
  6. On the BIS.gov.uk website the relevant section relating to holiday entitlement on termination contains the following paragraph: "If a worker's employment is terminated, they have the right to be paid for leave accrued during the time of employment, no matter how short a period of employment. In such cases, holiday entitlement is based on the date they would have left if they had worked the full notice period, unless the worker agrees otherwise." Is anybody able to confirm, with regard to the second sentence that I have emboldened above - does this actually have a basis in law and, if
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